Having a premature baby is very stressful for the family. Preemies are babies born before thirty-seven weeks, and they often have a low birth weight. Most of these babies do not have the energy to breastfeed and may need supplementation with alternatives like baby formula. One of the most common baby formulas used on premature babies is Similac formulas manufactured by Abbott. 

When your child is fed on the formula, you expect an improvement in their states. However, recent research shows that the Similac formula causes more harm than good. The composition of the formula is very complex and could irritate the baby’s intestines. This results in a serious condition known as necrotizing enterocolitis. The effects of NEC on a baby range from mild stomach upset to severe necrosis or death. 

Families of children who died from NEC complications seek to sue the manufacturers for their financial losses and emotional suffering caused by the death of their babies. If you are a victim of infant loss resulting from Similac NEC, you can sue the company by either filing an individual suit or being part of a mass tort.

Similac Lawsuit after a Newborn Suffered a Fatal Case of NEC

Similac is a common brand of baby formula made from modified cow’s milk and is manufactured by Abbott Laboratories. Similac manufacturers face a wrongful death lawsuit after a baby suffered a fatal case of NEC after consuming the formula. The lawsuit alleges that the baby formula caused necrotizing enterocolitis, a severe intestinal disease. Daniel Renteria and Alicia Restad filed the case in the Eastern District of California, indicating that Similac manufacturers are responsible for the death of their premature baby.

As indicated in the lawsuit, baby Daniel was born at Dignity Hospital in April of 2019. Born at 31 weeks, the baby was premature and only weighed two pounds and two ounces. Baby Daniel died on the sixteenth day of life at the NICU. The parents blame the child’s death on the Similac formula. The product has been linked to these conditions on many occasions.

Necrotizing enterocolitis is a deadly gastrointestinal injury when premature babies feed on Similac baby formula, Abbott Laboratories. A preemie develops NEC when bacteria breach intestinal walls and causes inflammation or death of the intestinal cells. When the condition is left untreated, the cells decay and die causing holes in the intestine walls.

The perforations on the intestines cause leakage of bacteria into the abdomen. The bacteria could leak into the bloodstream, causing a severe infection. Since premature babies are very delicate, doctors often review them. Some of the symptoms that could indicate that your child suffers from NEC include stomach pains, bloody stool, poor feeding habits, and abdominal discoloration. NEC could progress from mild discomfort and feeding problems to:

  • Narrowing of the baby’s intestines
  • Failure to thrive
  • Development delays
  • Blood infection that could be life-threatening
  • Short bowel syndrome

The lawsuit indicates that NEC is linked to Similac baby formula being fed on babies since the 1990s. Studies have shown that children fed on breast milk are ten times less likely to suffer from this condition. In another study done in 2012, the results were similar, which caused pediatricians to recommend breast milk for premature babies. When a preemie is diagnosed with NEC, there may be a need for immediate surgery to remove the decayed cells.

Similac baby formula contains hydrolyzed cow’s milk. The milk is hydrolyzed during baby formula manufacture to remove proteins that cause allergies. However, the bacteria content in these products is very high and could be overwhelming for the baby’s system. When the baby is premature, the risk of developing necrotizing enterocolitis is greater.

Study findings have shown that formula produced from cow’s milk like Similac increases the risk of developing NEC and, in some cases, wrongful death. According to the wrongful death lawsuit filed by the Hernandez family, the manufacturer of Similac would be held liable for the children death for:

Failure to warn Consumers of Potential Risks

In recent years, science and research have significantly advanced. This has helped confirm NEC’s dangers from feeding premature babies on Similac formula. In addition to causing severe health complications, some severe cases of NEC have resulted in infant death. 

According to the lawsuit, Abbott laboratories did not warn parents and doctors that Similac formula could cause NEC in preemies. Also, they did not change the instructions and warnings on their packages. The guidelines indicated in the baby formula labels are considered vague and do not provide the exact information regarding the product. In 2016 Abbott Laboratories advertised their Similac formula as safe for premature babies regardless of the dangers indicated in research.

The Hernandez family is one of the first plaintiffs to file a lawsuit against Abbott. After their lawsuit, more families are preparing to pursue lawsuits. Most parents want to seek compensation for the injuries or death resulting from necrotizing enterocolitis.

Strict Liability for Defective Products

Each person has a liability to ensure that they do not cause harm to others. When companies manufacture a product, they are expected to research it to ensure that it is safe and beneficial for its consumers. When producing baby formula, Abbott laboratories should have tested each component to ensure that it does not have the potential to cause harm to premature babies.

By producing and marketing a toxic and harmful product, the company breached its duty of care towards the parents and premature babies.

Potential Compensation in a Similac Wrongful Death Lawsuit

Losing your child can be a very challenging experience, especially if it happens from something that could be prevented. Parents of premature babies are already in challenging situations with caring for a baby. When the baby is fed on infant formula, the aim is to boost their nutrition and development. However, studies have shown a significant link between Similac and necrotizing enterocolitis.

Since Abbott Laboratories were aware of the Similac formula’s evidence of higher NEC rates in preemies, they did not warn the consumers against this risk. Companies that manufacture products for human consumption are obliged to warn their target buyers about all known risks associated with their products.

Many parents are suing Abbott Laboratories for injuries or the death of their babies resulting from NEC. Often, when victims of a toxic drug file a lawsuit, they hope to recover from the financial losses they incur when treating the condition. Also, plaintiffs stand to recover compensation for pain and suffering resulting from the illness and its effects on their children.

The amount awarded as compensation for families of premature babies who develop NEC after feeding on Similac baby formula varies from one case to the next. Some of the factors that may be considered when calculating the amount of compensation for each case include:

  • The costs incurred for the child’s medical treatment
  • The impact of the NEC diagnosis on the child’s quality of life
  • The costs of ongoing care and rehabilitation 
  • The pain and suffering resulting from the child’s condition
  • Burial and funeral expenses if the child died from the infection.

For wrongful death claims, parents stand to recover more when compared to claims for children who recovered from the condition.

Similac Mass Tort

Going through the legal process after the loss of your child can be a devastating experience. However, the expenses incurred from treating the infant and covering funeral expenses can be overwhelming. Since Abbott Laboratories failed in its duty to protect your children from this condition, you can hold them accountable for the child’s death. If you hope to file a wrongful death lawsuit, you will need expert advice on the right path to take. Although filing an individual case would be great, joining other families to form a mass tort for the product could increase your chances of compensation.

Join a Mass Tort Near Me

Across the country, parents have filed Similac lawsuits. These lawsuits allege that the formula based on cow’s milk caused necrotizing enterocolitis. NEC is a severe gastric infection affecting premature babies. Although the exact cause of this condition is not known, research has linked it to infant formula made from modified cow’s milk. The milk in these formulas irritates the baby’s intestines, causing inflammation and perforation.

NEC could become severe when left untreated and cause long-lasting medical complications or even death. Families of babies diagnosed with NEC have the right to file a claim against Similac manufacturers for the inconveniences caused by the consumption of their products. Parents who bring a successful NEC wrongful death lawsuit stand to receive handsome financial compensation. 

If you lost your child from NEC after being fed on Similac formula, you can file a lawsuit or join a mass tort for the product. At Consumer Alert Now, we will help you understand Similac and its link to NEC. Also, we will connect you with competent product liability attorneys to help you through your situation. Call us today at 800-511-0747 and allow us to guide you.